Regular Session 2017-2018 Senate Bill 1072 P.N. 1527

PRINTER'S NO. 1527

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

1072

Session of

2018

INTRODUCED BY GREENLEAF, LEACH, HUGHES, SCHWANK, YUDICHAK AND

BROWNE, MARCH 12, 2018

REFERRED TO JUDICIARY, MARCH 12, 2018

AN ACT

Amending the act of November 24, 1998 (P.L.882, No.111),

entitled "An act providing for victims' rights; imposing

penalties; establishing remedies; establishing the Office of

Victim Advocate, the Bureau of Victims' Services, the

Victims' Services Advisory Committee, the State Offender

Supervision Fund and other funds; and making repeals," in

preliminary provisions, further providing for definitions; in

crime victims, further providing for rights, for

responsibilities of victims of crime under basic bill of

rights, for responsibilities of State and local law

enforcement agencies and for responsibilities of prosecutor's

office; in administration, further providing for office, for

powers and duties of victim advocate and for powers and

duties of Office of Victims' Services; in compensation,

further providing for persons eligible for compensation, for

filing of claims for compensation, for minimum allowable

claim, for determination of claims, for emergency awards, for

awards and for confidentiality of records; in services,

further providing for eligibility of victims; in financial

matters, further providing for costs and for costs for

offender supervision programs; and, in enforcement, further

providing for subrogation.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The definitions of "board," "crime," "family,"

"loss of earnings," "out-of-pocket loss" and "personal injury

crime" in section 103 of the act of November 24, 1998 (P.L.882,

No.111), known as the Crime Victims Act, are amended and the

section is amended by adding a definition to read:

Section 103. Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

* * *

"Board." The Pennsylvania [Board of Probation and] Parole

Board.

* * *

"Crime." An act which was committed:

(1) In this Commonwealth by a person, including a

juvenile, without regard to legal exemption or defense which

would constitute a crime under the following:

(i) The act of April 14, 1972 (P.L.233, No.64),

known as The Controlled Substance, Drug, Device and

Cosmetic Act.

(ii)

18 Pa.C.S. (relating to crimes and offenses).

30 Pa.C.S. § 5502 (relating to operating

watercraft under influence of alcohol or controlled

substance).

30 Pa.C.S. § 5502.1 (relating to homicide by

watercraft while operating under influence).

The former 75 Pa.C.S. § 3731 (relating to driving

under influence of alcohol or controlled substance).

75 Pa.C.S. § 3732 (relating to homicide by

vehicle).

75 Pa.C.S. § 3735 (relating to homicide by

vehicle while driving under influence).

75 Pa.C.S. § 3735.1 (relating to aggravated

20180SB1072PN1527 - 2 -

assault by vehicle while driving under the

influence).

75 Pa.C.S. § 3742 (relating to accidents

involving death or personal injury).

75 Pa.C.S. § 3742.1 (relating to accidents

involving death or personal injury while not properly

licensed) when the nature and circumstances of the

offense committed are substantially similar to an

offense under 75 Pa.C.S. § 3742.

75 Pa.C.S. Ch. 38 (relating to driving after

imbibing alcohol or utilizing drugs).

(iii) The laws of the United States.

(2) Against a resident of this Commonwealth which would

be a crime under paragraph (1) but for its occurrence in a

location other than this Commonwealth.

(3) Against a resident of this Commonwealth which is an

act of international terrorism.

* * *

"Family." When used in reference to an individual:

(1) anyone related to that individual within the third

degree of consanguinity or affinity;

(2) anyone maintaining a common-law relationship with

that individual prior to January 1, 2005; or

(3) anyone residing in the same household with that

individual.

* * *

"Loss of earnings." [Includes] An economic loss or expense

resulting from an injury or death to a victim of crime that has

not been and will not be reimbursed from another source. The

term includes the loss of the cash equivalent of one month's

20180SB1072PN1527 - 3 -

worth of Social Security, railroad retirement, pension plan,

retirement plan, disability, veteran's retirement, [court-

ordered child support or court-ordered spousal] loss of support

[payments] if the [payments are] support is the primary source

of the victim's income or other similar benefit and the victim

is deprived of money as a direct result of a crime.

"Loss of support." The loss of verifiable financial support

the direct victim would have contributed to surviving dependents

that is lost due to the death of the direct victim as a result

of a crime. The term includes the loss of court-ordered child

support or court-ordered spousal support payments if the

payments are the primary source of the victim's income and the

victim is deprived of money as a direct result of a crime.

* * *

"Out-of-pocket loss." The term includes the following losses

which shall be reimbursed at a rate set by the Office of

Victims' Services:

(1) expenses for unreimbursed and unreimbursable

expenses or indebtedness incurred for medical care,

nonmedical remedial care and treatment as approved by the

Office of Victims' Services or other services;

(2) expenses for counseling, prosthetic devices,

wheelchairs, canes, walkers, hearing aids, eyeglasses or

other corrective lenses or dental devices reasonably

necessary as a result of the crime upon which the claim is

based and for which the claimant either has paid or is

liable;

(3) expenses related to the reasonable and necessary

costs of cleaning the crime scene of a private residence or

privately owned motor vehicle. "Cleaning" means to remove or

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attempt to remove stains or blood caused by the crime or

other dirt or debris caused by the processing of the crime

scene;

(4) expenses resulting from the temporary or permanent

relocation of a direct victim and individuals residing in the

household of the direct victim due to the incident forming

the basis of the victim's claim when there is an immediate

need to protect the safety and health of the victim and

individuals residing in the household, as verified by a

medical provider, human services provider or law enforcement;

(5) expenses for physical examinations and materials

used to obtain evidence; or

(6) other reasonable expenses which are deemed necessary

as a direct result of the criminal incident.

Except as otherwise provided, the term does not include property

damage or pain and suffering.

"Personal injury crime." An act, attempt or threat to commit

an act which would constitute a misdemeanor or felony under the

following:

18 Pa.C.S. Ch. 25 (relating to criminal homicide).

18 Pa.C.S. Ch. 27 (relating to assault).

18 Pa.C.S. Ch. 29 (relating to kidnapping).

18 Pa.C.S. Ch. 31 (relating to sexual offenses).

18 Pa.C.S. § 3301 (relating to arson and related

offenses).

18 Pa.C.S. Ch. 37 (relating to robbery).

18 Pa.C.S. Ch. 49 Subch. B (relating to victim and

witness intimidation).

30 Pa.C.S. § 5502.1 (relating to homicide by watercraft

while operating under influence).

20180SB1072PN1527 - 5 -

The former 75 Pa.C.S. § 3731 (relating to driving under

influence of alcohol or controlled substance) in cases

involving bodily injury.

75 Pa.C.S. § 3732 (relating to homicide by vehicle).

75 Pa.C.S. § 3735 (relating to homicide by vehicle while

driving under influence).

75 Pa.C.S. § 3735.1 (relating to aggravated assault by

vehicle while driving under the influence).

75 Pa.C.S. § 3742 (relating to accidents involving death

or personal injury).

75 Pa.C.S. § 3742.1 (relating to accidents involving

death or personal injury while not properly licensed) when

the nature and circumstances of the offense committed are

substantially similar to an offense under 75 Pa.C.S. § 3742.

75 Pa.C.S. Ch. 38 (relating to driving after imbibing

alcohol or utilizing drugs) in cases involving bodily injury.

The term includes violations of any protective order issued as a

result of an act related to domestic violence.

* * *

Section 2. Section 201(7) and (11) of the act are amended

and the section is amended by adding a paragraph to read:

Section 201. Rights.

Victims of crime have the following rights:

* * *

(1.1) If eligible to apply, to be notified of the

Address Confidentiality Program under 23 Pa.C.S. § 6703

(relating to Address Confidentiality Program).

* * *

(7) In personal injury crimes where the adult is

sentenced to a State correctional facility, to be:

20180SB1072PN1527 - 6 -

(i) given the opportunity to provide prior comment

on and to receive State postsentencing release decisions,

including work release, furlough, parole, pardon or

community treatment center placement;

(ii) provided immediate notice of an escape of the

adult and of subsequent apprehension; and

(iii) given the opportunity to receive notice of and

to provide prior comment on a recommendation sought by

the Department of Corrections that the offender

participate in a motivational boot camp pursuant to the

Motivational Boot Camp Act[.] or that the offender

participate in the State drug treatment program under 61

Pa.C.S. § 4105 (relating to State drug treatment

program).

* * *

(11) To have assistance in the preparation of,

submission of and follow-up on financial assistance claims to

the [bureau] Office of Victims' Services.

* * *

Section 3. Sections 211, 212(b), (c) and (e) and 213(a), (d)

and (g) of the act are amended to read:

Section 211. Responsibilities of victims of crime under basic

bill of rights.

[A] Except as provided for victims enrolled in the Address

Confidentiality Program under 23 Pa.C.S. § 6703 (relating to

Address Confidentiality Program), a victim shall provide a valid

address and telephone number and any other required information

to all agencies responsible for providing information and notice

to the victim. The victim shall be responsible for providing

timely notice of any changes in the status of the information.

20180SB1072PN1527 - 7 -

The information provided shall not be disclosed to any person

other than a law enforcement agency, corrections agency or

prosecutor's office without the prior written consent of the

victim.

Section 212. Responsibilities of State and local law

enforcement agencies.

* * *

(b) Notice.--

[(1) Law enforcement agencies shall within 48 hours of

reporting give notice to the direct victim or, if

appropriate, a member of the direct victim's family of the

availability of crime victims' compensation. The notice

required under this subsection shall be in writing and in a

manner and form developed by the Office of Victims' Services.

(2) Law enforcement agencies shall provide basic

information on the rights and services available for crime

victims. The information shall be in writing and shall be

provided to the victim within 24 hours of the law enforcement

agency's first contact with the victim in a manner and form

to be developed by the Office of Victims' Services.]

(3) The law enforcement officer responding to or

investigating an incident shall provide basic information on

the rights and services available for victims and the

availability of victims' compensation to the victim or a

member of the victim's family. The information shall be

provided when the officer has first contact with the victim

or as soon as reasonably possible. The information required

under this subsection shall be in a manner and form developed

by the Office of Victims' Services.

(4) Law enforcement agencies shall be responsible for

20180SB1072PN1527 - 8 -

providing the notification required under paragraph (3)

within 48 hours of the reporting of the crime if the law

enforcement officer does not provide the notification

required under paragraph (3).

subsection (b)(1) shall be accompanied by one copy of the

application form for crime victims' compensation. Application

forms shall be supplied by the Office of Victims' Services to

law enforcement agencies. A record of the date of notification

shall be maintained by the law enforcement agency.] The Office

of Victims' Services shall maintain a mailing list of all local

law enforcement agencies and provide law enforcement agencies

with forms by which they can order [additional] claim forms. The

Office of Victims' Services shall also provide updates to law

enforcement agencies on changes which affect their

responsibilities under this act.

(e) [Forms.--The form developed by the Office of Victims'

Services shall be attached to the police report and shall

include a victim checkoff signifying that the information has

been provided to the crime victim.] Confirmation.--The law

enforcement officer responding to or investigating an incident

shall indicate the reason for not providing the information

under subsection (b) if the information required under

subsection (b) was not provided to the victim.

* * *

Section 213. Responsibilities of prosecutor's office.

(a) Forms.--The prosecutor's office shall provide the victim

of a personal injury crime with all forms developed pursuant to

sections 214 and 215, unless forms are provided directly by the

victim advocate.

20180SB1072PN1527 - 9 -

* * *

(d) Release.--In a personal injury crime, the prosecutor's

office shall provide the victim advocate with victim information

when a State sentence is imposed so that the victim advocate may

provide notice of the opportunity to submit input into State

correctional release decisions, to receive notice of any release

of an adult from a State [or local] correctional facility and to

receive notice of the commitment to a mental health institution

from a State [or local] correctional institution. The

prosecutor's office shall provide notice to the victim of the

opportunity to receive notice of the release of an adult from a

local correctional facility and to receive notice of the

commitment to a mental health institution from a local

correctional institution.

* * *

(g) Assistance.--The prosecutor's office shall provide

assistance to the victim in all of the following:

(1) Preparation of statements under section 201(5).

(2) Preparation of, submission of and follow-up on

financial assistance claims filed with the [bureau.] Office

of Victims' Services.

(3) Notification to the victim advocate on behalf of the

victim for personal injury crimes where the offender is

sentenced to a State correctional facility.

* * *

Section 4. Section 301(a) and (c) of the act are amended and

the section is amended by adding a subsection to read:

Section 301. Office.

(a) Establishment.--There is established [within the board]

the Office of Victim Advocate, a criminal justice agency, to

20180SB1072PN1527 - 10 -

represent and advocate for the interests of crime victims

[before the board or department]. The office shall operate under

the direction of the victim advocate as provided in this

section.

* * *

operate from the central office of the board with such clerical,

technical and professional staff as may be available within the

budget of the board. The compensation of employees of the office

shall be set by the Executive Board. The home address of an

employee of the Office of Victim Advocate shall not be

considered a public record under the act of February 14, 2008

(P.L.6, No.3), known as the Right-to-Know Law.

(d) Disclosure and confidentiality.--

(1) All records pertaining to the victim in the

possession of or maintained by the Office of Victim Advocate,

including information regarding a victim ' s current contact

information and any other information or record relating to a

victim, are private, confidential and privileged and the

property of the Office of Victim Advocate, and shall not be

subject to the provisions of the Right-To-Know Law. Records

of the Office of Victim Advocate shall not be subject to

subpoena or discovery, introduced into evidence in any

judicial or administrative proceedings or released to the

inmate, parolee or probationer.

(2) Unless a victim waives the privilege in a signed

writing prior to testimony or disclosure, an employee of the

Office of the Victim Advocate shall not be competent nor

permitted to testify or to otherwise disclose confidential

communications made to or by the employee of the Office of

20180SB1072PN1527 - 11 -

Victim Advocate. The privilege shall terminate upon the death

of the victim. Neither the employee of the Office of Victim

Advocate nor the victim shall waive the privilege of

confidential communications by reporting facts of physical or

sexual assault under 23 Pa.C.S. Ch. 63 (relating to child

protective services), a Federal or State mandatory reporting

statute or a local mandatory reporting ordinance.

Section 5. Section 302 of the act is amended by adding

paragraphs to read:

Section 302. Powers and duties of victim advocate.

The victim advocate has the following powers and duties:

* * *

(6) To ensure eligible victims are informed of the

Address Confidentiality Program under 23 Pa.C.S. § 6703

(relating to Address Confidentiality Program)

(7) To advocate for the interests of victims generally,

including the victims of crimes committed by juveniles.

Section 6. Section 312(3) of the act is amended to read:

Section 312. Powers and duties of Office of Victims' Services.

The Office of Victims' Services, subject to approval of the

commission, has the following powers and duties:

* * *

(3) To adopt, promulgate, amend and rescind suitable

rules and regulations to carry out the provisions and

purposes of Chapter 7. These regulations shall provide for

the following:

(i) The approval of attorney fees for representation

before the Office of Victims' Services, a hearing

examiner or before the Commonwealth Court upon judicial

review under section 705. Awards of the attorney fees

20180SB1072PN1527 - 12 -

shall be in addition to awards made to direct victims or

claimants. Awards of attorney fees shall in no case

exceed 15% of the award to the direct victim or [victims]

claimants. It shall be unlawful for an attorney to

contract for or receive any sum larger than the amount

allowed. [Regulations under this paragraph shall include

policies,]

(ii) Policies, procedures and standards of review

regarding claims for compensation[; approval].

(iii) Approval or denial of claims, including

contributory conduct by direct victims[; verification].

(iv) Verification of information and documents[;

prioritization].

(v) Prioritization of review[; and all].

(vi) All other matters related to the processing of

claims.

* * *

Section 7. Section 701(a) of the act is amended by adding

paragraphs to read:

Section 701. Persons eligible for compensation.

(a) General rule.--Except as otherwise provided in this act,

the following persons shall be eligible for compensation:

* * *

(7) Hospitals or other licensed health care providers

under section 707(h).

(8) A person eligible for counseling under this chapter.

* * *

Section 8. Sections 702(b), (b.1) and (c), 703, 704(b)(1)

and (e) and 706(a)(1) and (b) of the act are amended to read:

Section 702. Filing of claims for compensation.

20180SB1072PN1527 - 13 -

* * *

(b) Time.--

(1) Except as set forth in paragraph (2), a claim must

be filed not later than [two] three years after the discovery

of the occurrence of the crime upon which the claim is based

or not later than [two] three years after the death of the

direct victim or intervenor as a result of the crime or the

discovery and identification of the body of a murder victim.

(2) Exceptions shall be as follows:

(ii) If a direct victim is under 18 years of age at

the time of the occurrence of the crime and the alleged

offender is the direct victim's parent or a person

responsible for the direct victim's welfare, an

individual residing in the same home as the direct victim

or a paramour of the direct victim's parent, all of the

following shall apply:

(A) The limitation period under this subsection

is tolled until the direct victim reaches 21 years of

age.

(B) The limitation period shall run until the

later of:

(I) the end of the limitation period for the

offense as set forth in 42 Pa.C.S. Ch. 55 Subch.

C (relating to criminal proceedings); or

(II) the end of the limitation period under

paragraph (1).

(ii.1) If a direct victim is under 18 years of age

at the time of the occurrence of the crime and the direct

victim is seeking reimbursement for counseling services

only, all of the following shall apply:

20180SB1072PN1527 - 14 -

(A) The limitation period under this subsection

is tolled until the direct victim reaches 21 years of

age.

(B) The limitation period shall run until the

later of:

(I) the end of the limitation period for the

offense as set forth in 42 Pa.C.S. Ch. 55 Subch.

C; or

(II) the end of the limitation period under

paragraph (1).

(iii) The Office of Victims' Services may find good

cause to accept a claim beyond the three-year limitation

when one of the following circumstances exists:

(A) The direct victim, intervenor or claimant is

mentally or physically incapacitated.

(B) The victim is a minor.

(D) The occurrence of the crime is not readily

apparent.

(E) Other circumstances when good cause is shown

by the claimant.

(b.1) Returned claims.--If a claim has been filed but

subsequently returned to the claimant for correction or for

additional verification or information, the date the claim was

first received by the [bureau] Office of Victims' Services shall

be the permanent filing date for purposes of subsection (b). The

correction or additional verification or information must be

filed within a period of time established by the Office of

Victims' Services.

20180SB1072PN1527 - 15 -

of Victims' Services in person, by mail or by any electronic

means authorized by the Office of Victims' Services.

Section 703. Minimum allowable claim.

(a) General rule.--Except as set forth in subsection (b), no

award shall be made on a claim unless the claimant has incurred

an aggregate minimum out-of-pocket loss, loss of earnings or

loss of support of [$100] $50.

(b) Exception.--Subsection (a) shall not apply if the direct

victim or claimant was 60 years of age or older at the time the

crime occurred.

Section 704. Determination of claims.

* * *

(b) Review.--

(1) The Office of Victims' Services shall review the

claim and all supporting documents and investigate the

validity of the claim. The investigation shall include an

examination of police, court and official records and reports

concerning the crime and may include an examination of

medical and hospital reports relating to the injury upon

which the claim is based. The Office of Victims' Services is

designated a criminal justice agency for that purpose. The

Office of Victims' Services may not request or review

counseling notes of mental health service providers. The

Office of Victims' Services shall request an assessment from

the mental health service provider as to the extent the

service provided is needed as a direct result of the crime.

* * *

(e) Records.--The Office of Victims' Services shall maintain

complete records and histories on all claims filed, supplemental

awards paid to claimants, claims status and third-party

20180SB1072PN1527 - 16 -

entitlements and recoveries in accordance with the commission's

established records retention schedule.

Section 706. Emergency awards.

(a) Authorization.--Notwithstanding the provisions of

sections 704 and 707, if it appears to the Office of Victims'

Services that the claim is one with respect to which an award

probably will be made and that undue hardship will result to the

claimant if immediate payment is not made, the Office of

Victims' Services may make an emergency award to the claimant

pending a final decision in the case. The following shall apply:

(1) The total amount of the emergency award shall not

exceed [$1,500 per claim or at] a rate set by the Office of

Victims' Services.

* * *

(b) Reconsideration.--The Office of Victims' Services may

reconsider an emergency award at any time prior to the final

decision in the case and increase previous orders for emergency

compensation up to the overall limit of [$1,500 per claim or at]

a rate set by the Office of Victims' Services.

* * *

Section 9. Section 707(a)(3), (a.1)(2) and (b)(1), (2) and

(4) of the act are amended and the section is amended by adding

subsections to read:

Section 707. Awards.

(a) Requirements.--No award shall be made unless it is

determined by a preponderance of the evidence that:

* * *

(3) The crime was promptly reported to the proper

authorities. In no case may an award be made if the record

shows that the report was made more than 72 hours after the

20180SB1072PN1527 - 17 -

discovery of the occurrence of the crime unless:

(i) the victim is under 18 years of age at the time

of the occurrence of the crime and the alleged offender

is the victim's parent or a person responsible for the

victim's welfare, an individual residing in the same home

as the victim or a paramour of the victim's parent; or

(ii) the Office of Victims' Services finds the delay

to have been justified, consistent with bureau

regulations.

* * *

(a.1) Protection from abuse.--A claimant who satisfies the

eligibility requirements of subsection (a)(1), (2) and (4) may

satisfy the eligibility requirement under subsection (a)(3) for

reporting a crime to the proper authorities by commencing an

action brought in accordance with 23 Pa.C.S. Ch. 61 (relating to

protection from abuse) and as provided for in the Pennsylvania

Rules of Civil Procedure. In no case may an award be made if the

record shows that the petition was:

* * *

(2) Filed more than 72 hours after the discovery of the

occurrence of the criminal conduct leading to the

commencement of the action, unless:

(i) the victim is under 18 years of age at the time

of the occurrence of the criminal conduct and the alleged

offender is the victim's parent or a person responsible

for the victim's welfare, an individual residing in the

same home as the victim or a paramour of the victim's

parent; or

(ii) the Office of Victim Services finds the delay

to have been justified, consistent with regulations of

20180SB1072PN1527 - 18 -

the Office of Victim Services.

(a.2) Sexual violence and intimidation orders.--A claimant

who satisfies the eligibility requirements of subsection (a)(1),

(2) and (4) may satisfy the eligibility requirement under

subsection (a)(3) for reporting a crime to the proper

authorities by commencing an action brought in accordance with

42 Pa.C.S. Ch. 62A (relating to protection of victims of sexual

violence or intimidation). In no case may an award be made if

the record shows that the petition was:

(1) Withdrawn, unless the Office of Victims' Services

finds the withdrawal to have been justified, consistent with

regulations of the Office of Victims' Services.

(2) Filed more than 72 hours after the discovery of the

occurrence of the criminal conduct leading to the

commencement of the action, unless:

(i) the victim is under 18 years of age at the time

of the occurrence of the criminal conduct and the alleged

offender is the victim's parent or a person responsible

for the victim's welfare, an individual residing in the

same home as the victim or a paramour of the victim's

parent; or

(ii) the Office of Victims' Services finds the delay

to have been justified, consistent with regulations of

the Office of Victims' Services.

(b) Amount.--

(1) Any award made under this chapter shall be

contingent upon available funds and in an amount not

exceeding out-of-pocket loss, together with loss of past,

present or future earnings or support resulting from such

injury. In no case shall the total amount of an award exceed

20180SB1072PN1527 - 19 -

$35,000 except for payment of the following:

(i) counseling, the maximum amount of which shall be

in accordance with paragraph (4.1);

(ii) forensic rape examination and medications

directly related to the sexual assault or rape, the

amount of which shall not exceed $1,000; or

(iii) reasonable and necessary costs of cleaning the

crime scene of a private residence or privately owned

motor vehicle, the amount of which shall not exceed $500.

(2) An award made for loss of earnings or loss of

support shall, unless reduced pursuant to other provisions of

this chapter, be in an amount equal to the actual loss

sustained. The following shall apply:

(i) No such award shall exceed the average weekly

wage for all persons covered by the act of December 5,

1936 (2nd Sp.Sess., 1937 P.L.2897, No.1), known as the

Unemployment Compensation Law, in this Commonwealth as

determined annually by the Department of Labor and

Industry for each week of lost earnings or support.

(ii) Except as set forth in subparagraph (iii), the

aggregate award for the loss shall not exceed $15,000.

(iii) In the case of death of a direct victim or

intervenor, the aggregate award shall not exceed $20,000.

* * *

(4) An award for counseling performed by or under the

supervision of a psychiatrist, psychologist, licensed

professional counselor or licensed social worker and

reimbursement of associated transportation costs subject to

the provisions of paragraph (4.1) may be made to:

(i) a direct victim;

20180SB1072PN1527 - 20 -

(ii) an individual responsible for the direct

victim's welfare;

(iii) an intervenor or individual who is physically

present at the crime scene and witnesses a violent crime;

(iv) in the case of a homicide, an individual who

discovers the body;

(v) anyone related to the direct victim within the

second degree of consanguinity or affinity;

(vi) anyone maintaining a common-law relationship

prior to January 1, 2005, with the direct victim;

(vii) anyone residing in the same household with the

direct victim; or

(viii) anyone engaged to be married to the direct

victim.

* * *

(e.1) Special provision for counseling.--No victim under the

age of 18 who is a victim of a sexual offense shall be required

to use insurance or a health and welfare program benefit,

including those mandated by law, for counseling services if the

claimant requests insurance not be billed.

* * *

Section 10. Sections 709(a) and 901 of the act are amended

to read:

Section 709. Confidentiality of records.

(a) General rule.--All reports, records or other information

obtained or produced by the [bureau] Office of Victims' Services

during the processing or investigation of a claim shall be

confidential and privileged, shall not be subject to subpoena or

discovery, shall be used for no purpose other than the

processing of a claim and, except as otherwise provided by law

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or as provided in this section, shall not be introduced into

evidence in any judicial or administrative proceeding.

* * *

Section 901. Eligibility of victims.

A victim has the rights and is eligible for the services

under sections 201 and 902 only if the victim reported the crime

to law enforcement authorities without unreasonable delay after

[its occurrence or discovery] the occurrence of the crime or the

discovery of the occurrence of the crime, unless the victim had

a reasonable excuse not to do so.

Section 11. Section 1101(b) of the act is amended by adding

a paragraph to read:

Section 1101. Costs.

* * *

(b) Disposition.--

* * *

(3) Effective July 1, 2018, the special nonlapsing funds

established in subsection (b)(1) and (2) are merged into a

single special nonlapsing fund, known as the Crime Victim

Services and Compensation Fund. The fund shall be used by the

Office of Victims' Services for payment to claimants, for

victim-witness services and for technical assistance. All

costs imposed under subsection (a) shall be paid into the

fund.

* * *

Section 12. Sections 1102(a), (b), (c) and (d) and 1301(b)

of the act are amended to read:

Section 1102. Costs for offender supervision programs.

(a) County fund.--The county treasurer of each county shall

establish and administer a [county offender supervision fund]

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County Supervision Fee Restricted Receipts Account consisting of

the fees collected under this section. The county treasurer

shall disperse money from this [fund] account only at the

discretion of the president judge of the court of common pleas.

The money in this [fund] account shall be used to pay the

salaries and employee benefits of all probation and parole

personnel employed by the county probation and parole department

and the operational expenses of that department. Money from this

[fund] account shall be used to supplement Federal, State or

county appropriations for the county adult probation and parole

department. The president judge shall by August 31 provide the

[board] commission with an annual statement [which] that fully

reflects all collections deposited into and expenditures from

the [offender supervision fund] County Supervision Fee

Restricted Receipts Account for the preceding fiscal year. The

[board] commission shall promulgate regulations to provide for

the permanent administration of this program, as advised by the

County Adult Probation and Parole Advisory Committee.

(b) State fund.--There is established a State Offender

Supervision Fund to be administered by the board and comprised

of the supervision fees collected by the board under [this

section] subsection (d). The money in this fund shall be used to

supplement the Federal or State funds appropriated for the

improvement of [adult probation services] State parole

supervision.

supervision a monthly supervision fee of at least $25 on any

offender placed on probation, parole, accelerated rehabilitative

disposition, probation without verdict or intermediate

punishment unless the court finds that the fee should be

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reduced, waived or deferred based on the offender's present

inability to pay. [Of the fee collected, 50%] All of the fees

shall be deposited into the County [Offender Supervision Fund]

Supervision Fee Restricted Receipts Account established in each

county pursuant to this section[, and the remaining 50% shall be

deposited into the State Offender Supervision Fund established

pursuant to this section]. All funds within the account shall be

accounted for consistent with the budget, accounting,

contracting, procurement, audit, salary board and other relevant

provisions of the act of August 9, 1955 (P.L.323, No.130), known

as The County Code, and may be subject to audit by the Auditor

General under section 401(d) of the act of April 9, 1929

(P.L.343, No.176), known as The Fiscal Code .

(d) Board.--The board shall impose as a condition of

supervision a monthly supervision fee of at least $25 on any

offender under the board's supervision unless the board finds

that such fee should be reduced, waived or deferred based on the

offender's present inability to pay. All fees collected shall be

deposited into the State Offender Supervision Fund [established

under subsection (b)].

* * *

Section 1301. Subrogation.

* * *

(b) Excess.--If an amount greater than that paid under

Chapter 7 is recovered and collected in such an action, the

Commonwealth shall pay the balance to the claimant. The Attorney

General shall enforce any subrogation. A claimant who fails to

notify the Office of Victims' Services of the receipt of funds

from any other claim or award arising out of the crime shall

forfeit and pay to the Commonwealth an amount equal to all

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awards paid by the [bureau] Office of Victims' Services to the

claimant or on the claimant's behalf.

Section 13. This act shall take effect in 60 days.

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